Federal and Postal Disability Retirement: Lawyers and H.R. Personnel

In preparing, formulating and filing a Federal Disability Retirement application under FERS or CSRS, one of the peculiar “events” which often erupts and surfaces is the interaction between a Federal or Postal employee, his or her attorney, and the interaction with the Human Resources Department of the particular agency.

While the reaction of the H.R. personnel is not universal by any means, and while exceptions will surprisingly occur, nevertheless the pattern of recurrences leads one to conclude that there is an undertone of antagonism between the lawyer representing the Federal or Postal employee who is filing for Federal Disability Retirement benefits under FERS or CSRS, and the Agency’s Human Resources Department.

What is puzzling is the following:  (1)  The undersigned writer always attempts to approach all H.R. Personnel with humility and courtesy, with the view that both are working towards the same common goal of assisting the Federal or Postal employee, (2) the very existence of the Human Resources Department of the Agency is predicated upon the notion that they are there to assist the Federal or Postal employee in his or her employment endeavors, including filing for administrative benefits, and (3) since both the attorney and the H.R. Personnel are there to help the Federal or Postal employee, cooperation of efforts would be the natural course of action.

Unfortunately, in most instances, the very opposite is true.  Whether because the H.R. Personnel believe that an attorney is antagonistic by nature, and therefore must be met with equal force; or because they believe that the attorney is somehow circumventing or undermining the role of the Human Resources’ work and role; nevertheless, it is important for the H.R. Personnel to understand and appreciate that the role of the Attorney in representing a Federal or Postal employee in preparing, formulating and filing a Federal Disability Retirement application through the Agency (first) and to the Office of Personnel Management (thereafter), needs to be a tripartite effort (the Federal or Postal employee; the Agency; and the attorney), all working together.

If the Human Resources Department did its job, much of what the representing attorney needs to do would be diminished, and perhaps altogether unnecessary.

Sincerely,

Robert R. McGill, Esquire